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COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE

THIS AGREEMENT is made and entered into as ofthi;s;Qi..a::J'~ by and between

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
(hereinafter referred to as "SBBC"),
a body corporate and political subdivision ofthe State ofFlorida
whose principal place of business is
600 Southeast Third Avenue, Fort Lauderdale, Florida 3330 I
and
CHIEF JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT
whose principal place of business is
201 SE 6th Street, Ft Laude.rdale, Florida 33301
and
OFFICE OF THE STATE ATTORNEY
whose principal place ofbusiness is
201 SE 6th Street, Ft Lauderdale, Florida 33301
and
LAW OFFICE OF THE PUBLIC DEFENDER
whose principal place of business is
201 SE 6th Street, Ft Lauderdale, Florida 33301

and
SHERIFF OF BROWARD COUNTY, FLORIDA
whose principal place of business is
2601 West Bro\vard Boulevard, Fort Lauderdale, Florida 33311

and

CITY OF FORT LAUDERDALE
FORT LAUDERDALE POLICE DEPARTMENT
whose principal place ofbusiness is
1300 W Broward Boulevard, Fort Lauderdale, Florida 33312
aod
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
whose principal place ofbusiness is
2737 Centerview Drive, Tallahassee, Florida 32399

and
FORT LAUDERDALE/BROWARD BRANCH NAACP
whose principal place of business is
1100 Sistrunk Boulevard, Fort Lauderdale, Florida 33311

and
JUVENILE JUSTICE ADVISORY BOARD
whose principal place of business is
1100 Sistrunk Boulevard, Fort Lauderdale, Florida 3331 I

and

BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
CITY OF HALLANDALE BEACH
HALLANDALE BEACH POLICE DEPARTMENT
whose principal place of business is
400 S Federal Highway, Hallandale Beach, Florida 33009

ond

BROWARD COUNTY CIIlEFS OF POLICE ASSOCIATION
whose principal place of business is
3501 Davie Road, Building 21, Davie, Florida 33314

ond

CITY OF LAUDERHILL
LAUDERHILL POLICE DEPARTMENT
whose principal place of business is
5581 West Oakland Park Boulevard, Lauderhill, Florida 33313

ond

CITY OF MIRAMAR
MIRAMAR POLICE DEPARTMENT
whose principal place of business is
2300 Civic Center Place, Miramar, Florida 33025

ond

CITY OF WILTON MANORS
WILTON MANORS POLICE DEPARTMENT
\Vhose principal place ofbusiness is
2020 Wilton Drive, Wilton Manors, Florida 33305

and in collaboration and consultation with a committee of stakeholders that include representation from the Broward
Teacher's Union, Broward Principals' and Assistants' Association, District Advisory Council, Diversity Committee,
Children's Services Council of Broward County, State Representative Bobby DuBose, State Senator Christopher
Smith, and State Representative Gwyndo!en Clarke~Reed for the purpose of establishing a cooperative relationship
between agencies involved in the handling of student misbehavior.

2 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
WHEREAS, the parties acknowledge that law enforcement plays an essential role in maintaining safety in the
community. However, the use of arrests and referrals to the criminal justice system may decrease a student's chance
of graduation, entering higher education, joining the military, and getting ajob. 1

WHEREAS, in the 2011-2012 school year, the Department of Juvenile Justice reported 1,062 school-related arrests
in Broward County, the highest number in the state.2 71 o/o of these arrests were for misdemeanor offenses. Over half
of those students had never been referred to the Juvenile Justice System before.

WHEREAS, across the country, students of color, students with disabilities and LGBTQ students are
disproportionately impacted by school-based arrests for the same behavior as their peers.3

WHEREAS, the Federal Every Student Succeeds Act (ESSA) includes Student Support and Academic Enrichment
Grants to support designing and implementing of a locally-tailored plan to reduce exclusionary discipline practices
in elementary and secondary schools, e.g., strategies aligned with long-term prison reduction via opportunities,
mentoring, intervention support, and other education services;

WHEREAS, ESSA asks that States describe ho\v the State will prioritize prevention and intervention programs for
children and youth who are neglected, delinquent or at-risk, including prioritizing for such children to attain a
regular high school diploma, to the extent feasible, and to participate in credit-bearing coursework while in
secondary school, post secondary education, or career and technical education programming;

WHEREAS, The Florida Legislature "encourage[s] schools to use alternatives to expulsion or referral to law
enforcement agencies by addressing disruptive behavior through restitution, civil citation, teen court, neighborhood
restorative justice, or similar programs" and has instructed school districts "that zero-tolerance policies are not
intended to be rigorously applied to petty acts of misconduct and misdemeanors, Including, but not limited to, minor
fights or disturbances." 4

WHEREAS, with a joint commitment to ending school-based arrests for minor misbehavior, school districts and
law enforcement agencies across the country have improved school safety, school engagement and academic
achievement. The parties to this Agreement are confident that by working together, they can return Broward County
Public Schools to a culture of common sense discipline that allows all students to enjoy a safe and effective
education.

BE JT RESOLVED, that the parties to this Agreement follow the letter and spirit of the ESSA provisions to reduce
exclusionary disciplinary practices, while implementing prevention and intervention programs for children and
youth who are neglected, delinquent or at-risk. The parties will also follo'v the Department of Justice and
Department ofEducation Guidelines on School Climate and Discipline.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the receipt
and sufficiency ofwhich is hereby acknowledged, the Parties hereby agree as follows:

In order to follow the guidelines set forth. by the Legislature,5 the parties are entering into this cooperative effort
among the public agencies named herein to establish guidelines for the handling of school-based student
misbehavior. The guidelines are intended to establish uniformity in the handling of incidents while ensuring that

1 See Kirk, David S, and Robert J Sampson, JUl'eniie Arrest and Collateral Educational Damage in the T1·ansilion to Adulthood. 86 Sociology of
Education 36 (2013).
1
Florida Department of Juvenile Justice, De//nq11ellcy in Florida Schools: An Eight Year Study (Jan. 2013).
' U.S. Department of Education, Office for Civil Rights, The Transfor111ed Civil Rights Data Collection (Mar. 2012); Kathryn E.W. Himmelstein
and Hannah Brilcl.'Iter. Cri111inal Justice and Schaal Sanctions Against Nonheferosexual Youth: A National Lo11git11dinal Study. Pediatrics (2010).
'§ 1006.13, Fla. Stat (2013).
s § 1006.13(4) Fla. Stat. (2013). "(a) Each district school board shall enter into agreements with the county sheriffs office and local police
department specifying guidelines for ensuring that ac!s that pose a serious threat to school safety, whether commiUed by a student or adult, are
reported to a law enforcement agency. (b) The agreements most include the role ofschoo! rescurce officers, if applicable, in handling reported
incidents, circumstances in wbich school officials 111ay band le incidenls without filing a report with a !aw enforcement agency, and a procedure
for ensuring that school personnel properly report appropriate delinquent acts and crimes. Zero-tolerance policies do not require the reporting of
pelty acts of misconduct and misdemeanors to a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school
function, simple assault or baUery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000."

3 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
each case is addressed on a case-by-case basis. The manner in which each incident is handled by the Police, School
System, and/or Court is dependent upon the many factors unique to each child, which include, but is not limited to;
behavioral history; present circumstances; disciplinary record; academic record; general demeanor and disposition
toward others; and, disability or special education status. Therefore, the parties acknowledge that students involved
in the same incident or similar incidents may receive different and varying responses depending on the factors and
needs of each student

To address these issues and ensure that all students have access to a safe and effective learning environment, the
parties agree to enter into this Cooperative Agreement governing appropriate responses and use of resources when
responding to school-based misbehavior.

4 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
ARTICLE I. DEFINITIONS

1.01 Student Misbehavior: Breaches of the Code of Student Conduct, disruptions, and other transgressions or
omissions by a student that occur on school grounds, school transportation or during a school sponsored or rela,ted
event, except when involving a victim na.t affiliated with the school district unless the victim agrees to have the
matter handled via the PROMISE program.

1.02 Misdemeanors are limited to:

Disrupting or Interfering with a School Function;
Affray;
Theft of less than $300;
Vandalism of less than $1,000;
Disorderly Conduct;
Trespassing;
Criminal Mischief;
Gambling;
Harassment;
Incidents relating to Alcohol;
Possession of Cannabis (misdemeanor, requires consultation with law enforcement to determine the level
of offense);
Possession ofDrug Paraphernalia;
Threats; 6 and
Obstructing Justice without Violence.

1.03 Student:
For the-purpose ofthis Agreement, a student is an individual enrolled in aK-12 SBBC program.

ARTICLE II. TERMS OF AGREEMENT

The parties agree that students need to be held accountable for misbehavior in order to learn from their mistakes,
take responsibility for their actions, and reconnect to the school community. The parties also agree that the most
effective means of holding students accountable for their actions include, providing them with continuity and
support from school officials that interact with them on a daily basis.

2.01 Responding to Student Misbehavior:

In the event a student misbehaves, the school principal and/or their designees will be the primary source of
intervention and disciplinary consequences. The Code of Student Conduct and Discipline Matrix provides
detailed information on consequences and interventions and shall guide the responses to particular types of
misbehavior. In addition, school officials should make every effort to connect students to school or
community-based support services, such as counseling, mentoring, or extra~curricular activities.

Many types of minor student misbehavior may technically meet the statutory requirements for PROMISE-
eligible misdemeanors, but are best handled outside of the criminal justice system. In any school year, the
first instance of student misbehavior that rises to the level of a misdemeanor and requires consultation with
a police officer should not result in arrest nor the filing of a criminal complaint, but instead be handled
through the Code of Student Conduct and Discipline Matrix. Behavior that rises to the level of a felony
offense under any ofthe above statutes are not included herein.

6
§1006.13, Fla. Stat. (2013), requires !hat cer1ain felony threats(§ 790.162 and§ 790.163, Fla. S!at. (2013)) be referred to the criminal or
juvenile justice system. Felonies, including§ 790.162 and § 790.163, fall outside of the scope oflhis agreement.

5 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
All parties involved in school discipline decisions shall consider the surrounding circumstances including
the age, history, disability or special education status, and other factors that may have influenced the
behavior of the student, the degree of harm caused and the student's willingness to repair the harm.

2.02 Further Incidents:

Repeated incidents of PROMISE-eligible misdemeanors as defined in section 1.02 shall result in graduated
levels of school-based interventions and consequences by the administrators on campus, according to the
Code of Student Conduct and Discipline .Matrix, and may result in a referral to law enforcement.
The Discipline Matrix outlines the specific incidents in which repeated misbehavior shall result in a referral
to law enforcement. Records of section 1.02 incidents Shall be maintained by SBBC, in a manner consistent
with the requirements of a Probable Cause Affidavit as mandated by F .S. 985.13, and said information may
be reported to law enforcement by SBBC should the youth willfully fail to complete sanctions.

In addition, a student who accumulates three incidents, as defined in section 1.02,in a school year shall be
referred to the Behavior Intervention Committee. Upon a fourth incident, as defined in section 1.02, in a
school year, the student shall be referred for consultation with law enforcement, unless any referral is
required sooner by the Discipline Matrix.

2.03 Consultations with Law Enforcement- Role of School Administrator:

The school principal and/or their designee are encouraged to talk to the student and evaluate the unique
circumstances surrounding each case. Before referring a student to law enforcement, the school principal
and/or their designee shall:

STEP 1. Consult the Code of Student Conduct and Discipline Matrix:

Does the Code of Student Conduct or Discipline Matrix require consultation with law
enforcement? If not, the school principal and/or their designee should determine the consequences
and interventions to be used without involving law enforcement, including the PROMISE
program.

STEP 2. Consult with law enforcement:

Ifthe Discipline Matrix requires consultation with Jaw enforcement, work with law enforcement
to assess and respond to the situation. Consultation does not mean that an arrest is necessary or
required.

STEP 3. Collaborating with law enforcement to resolve the situation:

If the law enforcement officer's efforts have been exhausted to resolve the situation, could the
student be held accountable through further intervention by the Collaborative Problem Solving
Team, the PROMISE program and/or community~based programs? Refusal by a student to
participate in the offered alternatives to arrest may result in referral to the Juvenile Justice System
of Care and, after input from the Office of the State Attorney, could be referred back to law
enforcement. If further support is needed but not available at the school level, the school principal
and/or designee may call the district designee at Student Support Initiatives for guidance.

Emergency and other situations may arise that require the immediate involvement of law enforcement. In
such instances, school officials and law enforcement should confer after the situation has been diffused,
but, if feasible, before any arrest is made, and follow the process outlined in this Agreement to ensure the
most effective and least punitive means of discipline is being employed.

6 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
2.04 Consultations 'vith Law Enforcement-Role of Officer:

Before making an arrest of a student for misbehavior on school grounds, school transportation or during a
school sponsored or related event, a law enforcement officer shall follow the steps and guiding questions
below and attached herein as Exhibit "A". If the situation is resolved at any point during this process, short
of arrest, the officer does not need to move on to the next step.

S1EP I. Consult with the school principal and/or their designee:

Has the Code of Student Conduct or Discipline Matrix been followed in this instance? Could this
be resolved by consequences within the school discipline system, utilizing alternatives other than
arrest (such as detention, suspension, or interventions)?

STEP 2. Evaluate the situation:

Considering all the surrounding circumstances, does this incident rise to the level of a felony or
pose a serious threat to school safety that constitutes a crime and necessitates an arrest? If so, the
officer shall proceed to Step 6. If the behavior falls into the category ofPROMISE~eligible
misdemeanor, continue with the steps below. If the behavior is non~criminal or otherwise minor
and not rising to any of these levels, it may be referred back to the school for consequences and
interventions.

STEP 3. Issue a warning:

Can the situation be resolved with an intervention approach that may include the officer talking to
the student about their behavior; a verbal warning; taking the student out of the situation in order
to cool off or other intervention?

STEP 4. Talk to the parents or guardians:

Can the situation be resolved by the officer talking to the student's parents or guardians, utilizing
alternatives other than arrest?

STEP 5. Consider alternatives with school principal and/or designee:

Could the student be held accountable through the Collaborative Problem Solving Team,
PROMISE program or community-based programs? If further support is needed but not available
at the school level, the officer and/or school principal designee may call the district designee at
Student Support Initiatives for guidance.

STEP 6. After exhausting all of the above options, the officer may consider placing the student under
arrest. The officer must ensure that the school principal or their designee is notified of any school~
based arrest, upon removal from campus.

STEP 7. All contraband must be placed in the care and custody of the law enforcement personnel of the
Department that initiates the arrest or the Special Investigations Unit (SIU) of SBBC if no arrest is
made.

2.05 Discretion of La\v Enforcement:

Nothing in this Agreement ls intended to limit the discretion of la\v enforcement. Officers responding to an
incident and/or consulting with school officials are encouraged to collaborate and use their discretion in
determining the best course of action, especially when using alternatives to arrest. While the option to use
the criminal justice system is available for many incidents, the totality of the circumstances should be taken
into consideration and any less punitive alternatives that ensure the safety of the school community should
be considered.

7 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
2.06 Parental Notification:

In addition to the required notification 7 of parents and legal guardians by the law enforcement officer
taking the student into custody, school principals and/or their designee are also responsible for an
additional notification of parents and legal guardians upon a school-based arrest of their child.

2.07 Victim Notification:

The victim and parent or legal guardian shall be notified in writing by the school principal and/or their
designee when an incident occurs on campus. A victim's rights booklet shall be provided to the victim and
parent/guardian by the school district on-line*.-

ARTICLE III. TRAINING

Parties will ensure that members of their respective agencies, especially those directly interacting with students and
making discipline or arrest decisions, are trained in the content of this Agreement within three months of signing this
Agreement. Training and implementation for existing parties should be an on-going process and any new officers,
employees, agents, representatives, contractors or subcontractors, as well as school administrators whose work
relates to this Agreement should be trained as they are hired.

ARTICLE IV. DATA COLLECTION AND OVERSIGHT

Data reflecting all school-based arrests, referrals to Jaw enforcement, and filing of criminal complaints
disaggregated by location of arrest/school, charge, arresting agency, gender, age, race/ethnicity, disability and
English Language Learner (ELL) status shall be collected by SBBC and Department of Juvenile Justice. Data
reflecting the number and nature of incidents of misbehavior is also collected by SBBC.

Annually this data will be delivered to the Circuit 17 Advisory Board and the Eliminating the Schoolhouse to
Jailhouse Committee to monitor compliance with the terms of this Agreement, including the overall number of
minor incidents being handled by the criminal justice system and reductions in racial disparities. In addition, these
factors should be included in reviewing each school's overall school climate. This data will also be reported to the
public at the end of each school year to monitor whether there have been reductions in the overall number of minor
incidents being handled by the criminal justice system and reductions in racial disparities.

The parties agree to meet at least twice a year, with the Eliminating the Schoolhouse to Jailhouse Committee to
provide oversight of the agreement and make recommendations to the heads of each agency on any modifications to
the Agreement.

ARTICLE V. GENERAL CONDITIONS

5.01 No Waiver of Sovereign Immunity:

Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political
subdivision to which sovereign immunity may be applicable or of any rights or limits to liability existing
under Section 768.28, Florida Statutes. This section shall survive the termination of all performance or
obligations under this Agreement and shall be fully binding until such time as any proceeding brought on
account of this Agreement is barred by any applicable statute of limitations.

7 § 985.101(3), Fla. Stat. (2013).

' Schools will accommodate individuals without access to the Internet.

8 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
5.02 No Third Party Beneficiaries:

The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in
or upon any third person or entity under this Agreement. None of the parties intend to directly or
substantially benefit a third party by this Agreement. The parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any ofthe
parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political
subdivision of the State ofFlorida to be sued by third parties in any matter arising out of any contract.

5.03 Equal Opportunity Provision;

The parties agree that no person shall be subjected to discrimination because of age, race, color, disability,
gender identity, gender expression, marital status, national origin, religion, sex or sexual orientation in the
performance of the parties' respective duties, responsibilities and obligations under this Agreement.

5.04 Public Records:

The follo\ving provisions are required by Section 119.0701, Florida Statutes, and may not be amended. All
Parties shall keep and maintain public records required by SBBC to perform the services required under
this Agreement. Upon request from SBBC's custodian of public records, all Parties shall provide SBBC
with a copy of any requested public records or to allow the requested public records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law. All Parties shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement's term and following completion of the Agreement if all Parties
does not transfer the public records to SBBC. Upon completion of the Agreement, all Parties shall transfer,
at no cost, to SBBC all public records in possession of all Parties or keep and maintain public records
required by SBBC to perform the services required under the Agreement. If all Parties transfer all public
records to SBBC upon completion of the Agreement, all Parties shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. Ifall
Parties keeps and maintains public records upon completion of the Agreement, all Parties shall meet all
applicable requirements for retaining public records. All records stored electronically must be provided to
SBBC, upon request from SBBC's custodian of public records, in a format that is compatible with SBBC 's
information technology systems.

IF A PARTY TO THIS AGREEMENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
754-321-1900, !lEOUEL.BELL(a{BROWARDSCHOOLS.COM, RISK MANAGEMENT
DEPARTMENT, PUBLIC RECORDS DIVISION,600 SOUTHEAST THIRD AVENUE, FORT
LAUDERDALE, FLORIDA 33301.

5.05 Student Records:

Notwithstanding any provision to the contrary within this Agreement, all parties to this Agreement shall
fully comply with the requirements of Sections 1002.22 and 1002.221, Florida Statutes; FERPA, and any
other state or federal law or regulation regarding the confidentiality of student information and records.
Each such party agrees, to fully indemnify itself, its officers, employees, agents, representatives,
contractors or subcontractors, for any breach arising out of this covenant by the party, or an officer,

9 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
employee, agent, representative, contractor, or sub-contractor of the party to the extent that the party or an
officer, employee, agent, representative, contractor, or sub-contractor of the party shall either intentionally
or negligently violate the provisions of this section or of Sections 1002.22 and/or 1002.221, Florida
Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political
subdivision to which sovereign immunity may be applicable or of any rights or limits to liability existing
under Section 768.28, Florida Statutes.

5.06 Compliance with Laws:

Each party shall comply with a\l applicable federal and state laws, codes, rules and regulations in
performing its duties, responsibilities and obligations pursuant to this Agreement.

5.07 Place of Performance:

All obligations of the parties under the terms of this Agreement are reasonably susceptible of being
performed in Broward County, Florida and shall be payable and performable in Broward County, Florida.

5.08 Governing La\V and Venue:

This Agreement shall be interpreted and construed in accordance with and governed by the Jaws of the
State of Florida. Any controversies or legal problems arising out of this Agreement and any action
involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of
the State courts of the Seventeenth Judicial Circuit of Broward County, Florida.

5.09 Entirety of Agreement:

This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements
and understandings applicable to the matters contained herein and the parties agree that there are no
commitments, Agreements or understandings concerning the subject matter ofthis Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or Agreements, whether oral or written.

5.IO Binding Effect:

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.

5.11 Assignment:

Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any party
without the prior written consent of the other party. There shall be no partial assignments of this
Agreement.

5.12 Incorporation by Reference:

Exhibit "A" and "B" attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.

5.13 Captions:

The captions, section designations, section numbers, article numbers, titles and headings appearing in this
Agreement are inserted only as a matter of convenience, have no substantive meaning, and in no \Vay
define, limit, construe or describe the scope or intent of such articles or sections of this Agreement, nor in

10 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
any way effect this Agreement and shall not be construed to create a conflict with the provisions of this
Agreement.

5.14 Severability:

In the event that any one or more of the sections, paragraphs, sentences, clauses or provisions contained in
this Agreement is held by a court of competent jurisdiction to be invalid, illegal, unlawful, unenforceable or
void in any respect, such shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect as if such invalid, illegal, unlawful, unenforceable or void sections,
paragraphs, sentences, clauses or provisions had never been included herein.

5.15 Preparation of Agreement:

The parties acknowledge that they have sought and obtained whatever competent advice and counsel as
was necessary for them to form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language agreed to herein expresses
their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one ofthe parties than the other.

5.16 Amendments:

The Agreement may be modified at any time by a written amendment to the Agreement agreed to by all
parties. In addition, the parties hereby authorize the Superintendent of Schools to execute addendums to
this agreement using the form attached as Exhibit "B" to add additional municipalities to the Agreement.

5.17 Waiver:

The parties agree that each requirement, duty and obligation set forth herein is substantial and important to
the formation of this Agreement and, therefore, is a material term hereof. Any party's failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision or modification of this
Agreement unless the waiver is in writing and signed by the party waiving such provision. A written
waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a
continuing or future \Vaiver.

5.18 Force Majeure:

Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if
such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood,
acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or
condition beyond the control of either party, and which cannot be overcome by reasonable diligence and
without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of either party be
deemed Force Majeure.

5.19 Survival:

All representations and warranties made herein, indemnification obligations, obligations to maintain and
allow inspection and audit of records and property, obligations to maintain the confidentiality of records,
and reporting requirements shall survive the termination of this Agreement.

11 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
5.20 Chiefs of Police Association:

The Broward County Chiefs of Police Association supports the Agreement in principle. However, the
signature of the Association's president does not bind any individual municipality or agency to the terms
and conditions contained in this Agreement.

5.21 Authority:

Each person signing this Agreement on behalf of either party individually warrants that he or she has full
legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and
obligate such party with respect to all provisions contained in this Agreement.

5.22 Indemnification:

Each party agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when
acting within the scope of their employment and agrees to be liable for any damages resulting from said
negligence. This section shall survive the termination of all performance or obligations under this
Agreement and shall be fully binding until such time as any proceeding brought on account of this
Agreement is barred by any applicable statute of limitations. Nothing herein is intended to serve as a
waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be
applicable or of any rights or limits to liability existing under Section 768.28, Florida Statutes.

5.23 Effective Date of Agreement:

This Agreement shall become effective immediately upon its execution by signature.

5.24 Withdrawal from the Agreement by a Party:

A party may terminate their participation in the Agreement by providing written notice to all parties to this
Agreement of their intent to withdraw ninety days from the date of the letter. Within thirty days from the
date ofa termination letter, the Eliminating the Schoolhouse to Jailhouse Committee shall convene. The
party wishing to terminate may withdraw at the end of the original ninety days if a resolution is not
reached. An updated Agreement reflecting that change shall be provided to all parties.

5.25 Notice:

When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail,
postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for
giving notice shall remain such until it is changed by written notice in compliance with the provisions of
this paragraph. For the present, the Parties designate the following as the respective places for giving
notice:

ToSBBC: Robert Runcie
Superintendent of Schools
The School Board ofBroward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 3330 l

With a Copy to: Broward District Schools Police Department
The School Board ofBroward County, Florida
7720 West Oakland Park Boulevard-Suite 355
Sunrise, Florida 33351

12 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
With a Copy to: Michaelle Valbrun~Pope
Executive Director
Student Support Initiatives
1400 NW 14th Court
Fort Lauderdale, Florida 33311

To Chief Judge ofthe l 71h Judicial Circuit: Honorable Peter M. Weinstein
Chief Judge of the 17~' Judicial Circuit
201 SE 6th Street
Ft Lauderdale, Florida 33301

With a Copy to: Honorable Elijah H. Williams
Judge ofthe 171h Judicial Circuit
201 SE 6th Street
Ft Lauderdale, Florida 33301

To the Office ofthe State Attorney: Honorable Michael J. Satz
State Attorney
201 SE 6th Street
Ft Lauderdale, Florida 33301

With a Copy to: Maria Schneider
Assistant State Attorney
State Attorney's Office
Room 640
201 SE 6th Street
Ft Lauderdale, Florida 33301

To the Law Office of the Public Defender: Honorable Howard Finkelstein
Public Defender
Third Floor, North Wing
Broward County Courthouse
201 SE 6th Street
Ft Lauderdale, Florida 33301

With a Copy to: Gordon Weekes
Chief Assistant Public Defender
20 I SE 6th Street
Ft Lauderdale, Florida33301

To Sheriff ofBro\vard County, Florida: SheriffScott Israel
Broward Sheriff's Office
2601 West Broward Boulevard
Fort Lauderdale, Florida 333 JI

With a Copy to: Major Oscar Llerena
Youth and Neighborhood Services
2601 West Broward Boulevard
Fort Lauderdale; Florida 33311

13 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
With a Copy to: Ronald M. Gunzburger
General Counsel
2601 West Bro\vard Boulevard
Fort Lauderdale, Florida 333 l l

To the Fort Lauderdale Police Department: Chief Franklin Adderley
Fort Lauderdale Police Department
1300 W Broward Boulevard
Fort Lauderdale, Florida 33312

With a Copy to: Bradley H. Weissman
Police Legal Advisor
1300 W Broward Boulevard
Fort Lauderdale, Florida 33312

To the Florida Department of Juvenile Justice:
Secretary Christina K. Daly
Florida Department of Juvenile Justice
2737 Centerview Drive,
Tallahassee, Florida 32399

With a Copy to: Cassandra Evans, M.S.
Chief Probation Officer, Circuit 17
Probation & Community Intervention
5070 Coconut Creek Park\vay
Margate, FL 33063

To the Fort Lauderdale/Broward Branch NAACP:
Marsha Ellison
President, Fort Lauderdale Branch of the NAACP
1100 Sistrunk Boulevard
Ft. Lauderdale, Florida 33311

To the Juvenile Justice Advisory Board: Marsha Ellison
Chair, Juvenile Justice Advisory Board
1100 Sistrunk Boulevard
Ft. Lauderdale, Florida 33311

To the Hallandale Beach Police Department:
ChiefDwayne Flournoy
Hallandale Beach Police Department
400 S Federal Highway
Jiallandale Beach, Florida 33009

With a Copy to: V. Lynn Whitfield
City Attorney, I-Iallandale Beach
400 S Federal Highway
Hallandale Beach, Florida 33009

To the Broward County Chiefs of Police Association:
Dwayne Flournoy
President, Broward County Chiefs of Police Association
3501 Davie Road
Building 21
Davie, Florida 33314

14 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
With a Copy to: Dean Linda Wood
Broward County Chiefs of Police Association
3501 Davie Road
Building 21
Davie, Florida 33314

To the Lauderhill Police Department:
Chief Constance Stanley
Lauderhill Police Department
6279 West Oakland Park Boulevard
Lauderhill, Florida 33313

With a Copy to: Ear! Hall
City Attorney, Lauderhill
8850 West Oakland Park Boulevard
Suite 101
Lauderhill, Florida 33313

To the Miramar Police Department:
Chief Dexter M. Williams
Miramar Police Department
11765 City Hall Promenade
Miramar, Florida 33025

With a Copy to: Jamie Cole
Weiss SerotaHelfinan Cole & Bierman, P.L.
City Attorney, Miramar
200 East Broward Boulevard
Fort Lauderdale, Florida 33301

To the Wilton Manors Police Department:
Chief Paul O'Connell
Wilton Manors Police Department
2020 Wilton Drive
Wilton Manors, Florida 33305

With a Copy to: Kerry L. Ezrol
Goren CherofDoody & Ezrol, P.A.
City Attorney, Wilton Manors
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308

IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the date first above
written.

[Signature Pages to Follo1v]

15 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BY:

r. Rosalind Osgood Robert W. Runcie Barbara Myrie
Chair Superintendent' Office of the General Counsel

16 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE CHIEF JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT, BY:

Approved as to Fonn
and egal Content:

L
Honorable Peter M. Weinstein
Chief Judge of the 17th Judicial Circuit

17 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOil TllE OFFICE OF THE STATE ATTORNEY, BY:

Approved as to rorm
and Legal Content:

18 BROWARD COUNTY COLLABORATIVE AGREEMEN1' ON SCllOOL DISCIPLINE
FOR THE LAW OFFICE OF THE PUBLIC DEFENDER, BY:

Honorable Howard Finkelstein Gordon Week
Public Defender Chief As · ant Public Defender

19 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE SHERIFF OF BROWARD COUNTY, FLORIDA, BY:

cs.';;-;u,~'-f(-'---:---f+u+ cD
eriff Scott Israel
Sheriff

20 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE

LEER. FELDMAN
-
CITY MANAGER

[Municipal Seal] ATTEST:

irrl
ccJE°"F"°F~RE""Y~Atc.cl=OccD-cAccRccEccLLccl~
CITY CLERK
1tj1Jflb
DATE

Approved as to form:
Cynthia A. Everett, City Attor11ey

By·
~ -
. BRADLEYliWEISSMAN
ASSISTANT CITY ATTORNEY
,
~(

21(A)
FOR THE FLORIDA DEPARTMENT OF .IUVENILE JUSTICE, BY:

Paul 1-1.atcher an ra Evans, M.S.
Assistant Secretary, Probation & Community Intervention Chief Probation Officer, Circuit 17

22 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE FORT LAUDERDALE/~ROWARD BRANCH NAACP, BY:

\Cv\~ a ;:\)o~
Marsha Ellison
President, Fort Lauderdale/Broward Branch NAACP President, Florida State Conference NAACP

23 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE JUVENILE JUSTICE ADVISORY BOARD, BY:

Chair

24 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE CITY OF HALLANDALE BEAC•I, •IALLANDALE BEACH POLICE DEPARTMENT, BY:

Approved as to Form
and Legal Content:

Dwayne Flournoy
Chief of Police City Attorney

25 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE BROWARD COUNTY CHIEFS OF POLICE ASSOCIATION, BY:

Dwayne Flournoy
President

26 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE CITY OF LAUDERHILL, LAUDERHILL POLICE DEPARTMENT, BY:

Approved as to Form
and Legal Content:

~~±~>+~
Chief of Police
Earl Hall
City Attorney

a/1-//
citl1i":Jes Fatjlnda
City Manager

27 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FORTHECITYOFMIRAMAR,MJRAMARPOLICEDEPARTMENT,BY' dl l
Approved as to form an ega
stlfficiency for the use of and
reliance b the City of Miramar
only:

,i(o ~Dexter M. illi s Jamie Co~
Chief of Po ·ce City Atto,ey

(AT~)s~,~- ~
enise A Gibbs
City Manager City Clerk

28 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
FOR THE CITY OF WILTON MANORS, WILTON MANORS POLICE DEPARTMENT, BY:

Approved as to Form
and I~egal Content:

Paul O'Connell
Chief of Police orney

29 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
EXHIBIT A

30 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
S.l"EP l.llpes th<> Cod<> of Studiint ~nd..,,tr.,qulrei:,11"11ultalioii ~111th
. 'tiiWenfor"omi!int?

·------,1-- _ _ _ __, The nlfiu;r ~houtd fnfDnn tt;e 1{'.hcu:i!
prlntlpaVdesJgi"tee.

r-J.-;;;;---·J J
'
I STfl'fl. Uie off:c.r. a'2t.!tn14'!.es i.tte l\atil\l"e <it lbe
~m.S:Datlal!ci com1t:<tutes- a

c'l""11e: I
'
' '
I MinOr or)H:n·Crormn~
Stud1>nt!i.1ishChi"-"or
J !'HOMISE·Eili(lible

I
I I t-e(ony'°r Serl<!U'.< fhre~t
,W S.:hoolSstety

!HD3. an thesituitlQn
b1iresQll!'ed with ao
Intervention~
tb.At.m~v mdi.idethii
QHic1>r ralklrig to the
stude[li.:Ohout th!"lr
belu.1tior; ;s. wrbal
~taklngthe
~outi:iftt\1>
~in'ordertQcool
off i:ir n11ierinterventii:il'!?
..... "

r-···-v};······~··J 1-~-::J
·---·-· NO
I
.. STEP 4. C:~n
I
Uu< I j••u1wo lie •w gh•m' 1..., •Ill:
;;i..111;;:.~J..JI i1u; 111; 1Jor>l.Ul~~l!:l 111o'AI• iu


I ~~J.l'lijll;i ·IJ~i.Jn., 1Ue!Plllo'~1ull•r1''""~

. ..•.
""""'
.
I '"' I I NO
I
- STEPS, Could tile stud;int b<t held
accQuntablethtQ"(lh thil.
CQl\illmratflo;; l'f0bh!mS<ihllnc.

,.,"olwii
-·----~.~"-~
the i!tu~tiOn
w=r~::fo~::a~re
~afl\l'oth<iralieni~W~to
w ittlcwt an<i°rf<lil. ~that<:-1)1.ild f£!$CllW. tl1ili
.fiu1,qL1encei .and
"'
'"""' entian~~1101.11d
ap~IJ l!dlli 01.11Jhw.d In IM
lie "' ~?
~tiut
~ l~el.
tffurttwr'l'upp'cu1 ls.
ootavaHableattfle
the off!cer'may·can the
C:Qdl! cf.StudantCcndm:t, dl:St [lct deslgoee atStu®nt S1.1pport
lndu d!lli. partic1pa1100 1n Initiatives for'- gtJ!lilloce.

.,
the I •RiJM,J~li ptOjJ'lilm, If
plkab!e. Ref1.1>atto r
fl'lrl!dpa'w- 1nth11.off11red
.a11.:,rna li~as tQ;iii~t m;iy
*--··---- !_:~.'....:J I NO
I
fl!Sl.I It in ri::ferrallo th.,
ILl~lift ilelwtk11!i'1i1iin1of
care a n<i. arnlr lnp ut froro ~fEP fi. Studentmav
1
be an'est:ed. rhe.
tlH!:St aw-Anornl!'I Qfflt115,
toul:I be ref!frrl!du:i taw
officer muotensure lhat theschi:iol
princjpal or their ;iltl;iimAA ~«: {1.Qlifled
,_
enfQrce1neo1. of anysthOQl·basedarrest.
-----~-

Whtttlu!t .,,. nul <11> ..ur.,:a t"l!"" pl;i°"< dU~i:mU'-'bJutl mu>lW pl.>•W rn1hi; ~~'" ""d ~<l>Cady <>fl~w ""'°"''''"'""ll'""""nttlart.I,.; EhaW"nl
0(>lf\<:I Sd1<i<r~ Fu&•~ D"l'J""'""~ l<> ti" <li>Pt><"-d al Je~<>nli~.tl ta ~l.>l'I< •W11>to::. N<1!11<1t;; ;.., thi> "!!:'"""'"""
l~ i<lfundCJ! t" il"'lt th1: d!~tr.,l!<>" al
'"'<'"'""""
1....... .,.,1.,,~"'""""" Qll(c.,1~· «• -'" "''=1""'" "'
~""""ltl<tg v.;l1h ~o:huu~uu·u:;:.,i,. "''" emo•r.:O•.,i1iul Lb"~" t1,,,1; d~<lti<>n b• .,..,.,,,m!"i"V th"
11.,>l ~"".,." uf a~lian, ll>pcd•!lv wh._.,, uoi"C ;:,l1""'~\W«0 ~<> aru:.1.1... ho ..,.ddi~lu" lU 111., Dl>clpl\nt1 M .. uJi t:.ul'l!.eqaem:t1•, a !tulfunt wlu:> ha>
"'""""''-'l.:Ol"d th'"" """·~lakon~ 1nl>Lic•m.,a'1<>f~ •h->ll be rn!.,ru:<.I '"' V= ll><.:ha1<'i0>1· l~•"'"""ll"" C<>mmll~t:e. ll;tlm ~!ou tau" I' 1.,o;d.,.,t. Un.• •Unl"~"l
4h.ill 11., 1<1!.,nud l« i..., e:.ta•<em.,,,1, '"'!">~ th" Di•.:iPllnt: M•t•ll< '"<faJn,~ <.u~h u ,.,1.,.,.,1-ou"n"'·

31 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
EXHIBITB

32 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE
ADDENDUM TO COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE

This Addendum to the Collaborative Agreement on School Discipline is made and entered into on this the
_ day of , 20__, by and between the Parties to said Agreement and - - - - - - - - - -
(Municipality)

WHEREAS, the following parties ("the Parties") entered into the Collaborative Agreement on School Discipline on
______ (date approved): The School Board ofBro\vard County, Florida, the Chief Judge of the Seventeenth
Judicial Circuit, the Office of the State Attorney for the 171h Judicial Circuit in and for Broward County, Florida, the
Office of the Public Defender for the 1711t Judicial Circuit in and for Broward County, Florida, the Sheriff of
Broward County, Florida, the City of Port Lauderdale, the State of Florida, Department of Juvenile Justice, the Fort
Lauderdale/Broward Branch NAACP, et al; and,

WHEREAS, the Collaborative Agreement establishes a cooperative effort amongst the Parties to establish
guidelines for the handling of school-based student misbehavior; and,

WHEREAS, the guidelines are intended to establish uniformity in the handling of incidents while ensuring that each
case is addressed on a case-by-case basis and that the manner in which each incident is handled by the Police,
School System, and/or Court is dependent upon the many factors unique to each child that includes, but is not
limited to, behavioral history, present circumstances, disciplinary record, academic record, general demeanor and
disposition toward others, disability or special education status, and other factors; and,

WHEREAS, the Municipality is desirous of joining the Parties in this collaboration;

NOW THEREFORE, the Parties and Municipality agree as follows:

1. The Municipality agrees to enter into and abide by the terms of the Collaborative Agreement on School
Discipline.

2. The Parties and Municipality shall jointly abide by the terms of the Agreement except as such may be amended as
set forth in the Agreement.

For the Parties:

Robert W. Runcie
Superintendent of Schools

For the Municipality:

(Authorized Signatory)

33 BROWARD COUNTY COLLABORATIVE AGREEMENT ON SCHOOL DISCIPLINE